The Cityof Flatonia TEXAS CITY OF FLATONIA Council Chambers/City Hall 125 E. South Main, Flatonia, Texas July 12, 2022, AT 6:00 pm REGULAR SCHEDULED CITYCOUNCIL MEETING AGENDA Opening Agenda Call to Order Invocation & Pledge Citizens' Participation Reports Police Chief Fire Chief Utility Director City Manager Consent Agenda May Activity May Report May Report May Report CI. Consider and take appropriate action on the minutes from the June 14, 2022, and C2. Consider and take appropriate action on approving financial reports for. June 2022. June 21, 2022, Meeting. Deliberation Agenda DA7.1.2022.1 Consider and take appropriate action on ORDINANCE NO. 2022.7.12.1 An ordinance restricting pay day loan companies and title companies to Considerand take appropriate action on ORDINANCE NO: 2022.7.12.2 An ordinance prohibiting Loitering, camping, solicitation inj public areas. (City conduct business in city limits. DA7.1.2022.2 limits). DA7.1.2022.3 DA7.1.2022.4 DA7.1.2022.5 DA7.1.2022.6 Adjournment Consider and take appreciate action on Resolution 2022.7.12.1A Resolution approving holiday schedule for 2022-2023 Fiscal Year. Consider and take appropriate action on the job description for a Code Consider and take appropriate action on approving Joe Beards as a new- Consider and take appropriate action on nominating one additional person Enforcement Official. Planning and Zoning committee member. to the Planning and Zoning Committee. I,theu undersigned authority dol hereby certify that the NoticeofMeeting was posted on thel bulletin board outside the front door ofthe City Hall ofthe City ofFlatonia, Texas, aj place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time: July 8, 2022 by 5:00 p.m. and remained SO posted continuously for at least 72 hours preceding the scheduled time of said meeting. Sonya Bishop, City Manager, City of Flatonia NOTICE OF ASSISTANCE ATTHE: PUBLIC MEETING EXECUTIVE SESSION STATEMENT The City Council reserves the right to adjour into The Flatonia City Hall is wheelchair accessible. executive session at any time during the course of this Access to the building is available at the primary meeting to discuss any of the matters listed above, as entrance: facingl Main Street. Persons with disabilities authorized by the Texas Government Code, Section who plan to attend this meeting and who may need 551.071 (Consultations with Attorney), 551.072 auxiliary aids or services such as interpreters for (Deliberations about Real Property), 551.073 persons who are deaf or hearing impaired, readers, or (Deliberations Regarding Gifts and Donations), 551.074 large print arer requested to contact the City Secretary's (Personnel Matters), 551.076 (Deliberations Regarding Office at 361-865-3548 or by FAX: 361-865-2817 at Security Devices or Security Audits), 551.086 (Certain least two working days prior to the meeting so that Public Power Utilities: Competitive Matters)a and: 551.087 appropriate arrangements can be made. (Deliberation Regarding Economic Development Negotiations). Agenda Removal Notice This Public Notice was removed from the official posting board at the Flatonia City Hall on the following date and time: By: Tamela Louvier, City Secretary, City of Flatonia FLATONIA POLICE DEPARTMENT 205 E. South Main St. Flatonia, TX78941 Office: 361-865-3337 Fax: 361-865-3039 June 2022 Monthly Report To: From: Subject: Calls for Service: Flatonia City Council Flatonia Police Department June 2022 Monthly Report There were 399 calls for service for this month. Offense /Incident Report Activity: OnJ June 30, 2022, Chief L. Dick and Officer Taylor Amos were informed by Fayette County Dispatch of ar reckless driver traveling Southbound on FM 6091 from La Grange. While Chief Dick and Officer Amos were on the way, Fayette County Dispatch informed them that the vehicle had pulled into the Amigos parking lot. Chief Dick and Officer Amos arrived a short time later and spoke with the driver. The driver stated that hel had been driving fora a long time and started to fall asleep behind the wheel. The driver also stated that he had pulled into Amigos to get some rest before driving any further. Chief On. June 9, 2022, ChiefL. Dick responded to Timewise to assist Fayette County EMS Medic-3 with a male subject who had an altered level of consciousness. Chief Dick arrived just before Medic-3 and began treating the man. The man stated that he had been driving and started tot feel dizzy. Het then stopped and attempted to walki into Timewise but almost fell due to feeling dizzy and nauseous. Medic-3 arrived, and Chief Dick assisted them. After patient contact was complete, Chief Dick On. June 25, 2022, Sgt. D. Taylor responded to McDonalds for a disturbance involving 10 people. When Sgt. Taylor arrived, he was informed that the group of 10 people were having a verbal dispute with the manager at McDonalds. The manager stated that the 10 people had ordered al large amount of food but demanded more food from McDonalds. The 10 people On June 25, 2022, Sgt. D Taylor responded to thei fireworks stand at the Amigos Truck Wash for a suspicious person. When Sgt. Taylor arrived, he was informed by the women working at the fireworks stand that an unknown male had walked up to them and started saying "weird things." The women also stated that the male had made a comment about "being able to do whatever he wanted to do to them without anyone knowing. " Sgt. Taylor checked the area for the male subject but was On June 13, 2022, Sgt. T. Tunis was dispatched to the Sunset Inn for a disturbance in progress. Sgt. Tunis arrived a short Dick and Officer Amos then continued their normal duties. continued his normal duties. had returned to a Charter bus and left. Sgt. Taylor then continued his normal duties. unable to locate him. Sgt. Taylor then continued his normal duties. +ima Intnr and. mnabn sarith - ahn rtatnd that hn had hann tahhnd hu annthar famaln sahn had flad in a sahitn nicbun with her boyfriend. Sgt. Tunis advised dispatch to send Fayette County EMS to the Sunset Inn. Sgt. Tunis then checked the area and located the white pick up at the Citgo near Roberts Steakhouse. Sgt. Tunis conducted: at traffic stop on the vehicle. When Sgt. Tunis attempted to approach the vehicle both subjects exited the vehicle and began walking toward Sgt. Tunis. Sgt. Tunis noticed as small object int the male subject's hand. Sgt. Tunis began giving commands to the two subjects. The male refused toi follow instructions and got back inside the truck. Sgt. Tunis was ablet to get the female subject into handcuffs.. She then began to resist Sgt. Tunis by attempting to pull away from him. The male subject then reappeared, and Sgt. Tunis again was forced to deal with both subjects simultaneously. Sgt. Tunis, while attempting to restrain the female, attempted to get the male subject to liet face down. The male subject refused and instead went to thei front of the white pick up and crouched down so! Sgt. Tunis could not see him. Al Fayette County Deputy then arrived and controlled the male until Sgt. Tunis could put the female in his patrol vehicle. Sgt. Tunis then detained the male subject without further incident. Sgt. Tunis arrested the male subject for Blue Warrant (Felony Probation' Warrant) and the Female Subject was arrested for Aggravated. Assault On. June 27, 2022, Sgt. T.1 Tunis overhead a Fayette County Deputy being dispatched to a reported Shots fired callj just outside of the City Limits on FM 609. Dispatched informed the Deputy that the caller reported that someone had been shot and that the shooter was still on-scene.: Sgt. Tunis knew that he was the closest available back up for the Deputy and responded to assist. Sgt. Tunis and the Deputy arrived a short time later and approached the area. While securing the area multiple Sheriff's Deputies and the Schulenburg Police Department also arrived to help secure the area. After the area was secured Sgt. Tunis assisted the Fayette County Sheriff's Office with the investigation and it was determined that it wasa a On. June 6, 2022, Officer T. Roggenkamp was informed by Fayette County Dispatch of a vehicle pursuit headed to Flatonia from Gonzalez County. Dispatch also advised that the pursuit had started in Seguin and that four subjects were in the vehicle and might have weapons. Officer Roggenkamp staged at the IH-10 Westbound exit ramp at North 95 to prevent the suspects' vehicle from entering Flatonia. The suspect vehicle then passed Officer Roggenkamp and continued Westbound on IH-10. Officer Roggenkamp observed that the vehicle was only! being pursued bya a Gonzalez County Deputy and a! Seguin Police Officer. Due to thet four subjects possibly being armed and the two pursuing agencies being from other areas and not having direct radio communications with Fayette County, Officer Roggenkamp. joined the pursuit for officer safety reasons and to give Fayette County Dispatch firsthand updates vial his in-car radio. The suspect vehicle was spiked by a Fayette County Deputy at Engle on IH-10, but the vehicle continued tot travel Westbound. The suspect vehicle was again spike in Schulenburg on IH-10. The: suspect Vehicle came to a stop in Schulenburg and at felony stop was conducted. Officer Roggenkamp assisted the Gonzales County Sheriff's Office, The Schulenburg Police Department, The Fayette County Sheriff's Office, The Seguin Police Department, and the Texas Department of Public! Safety with taking thei four subjects into custody. On June 27, 2022, Officer Roggenkamp received information about as stolen vehicle out of Austin that might be in the Fayette County Area. Officer Roggenkamp was informed that the victim also had her purse int the vehicle when it was stolen and that her debit card was used in Schulenburg about an hour before he received the information. Officer Roggenkamp then went to Timewise and observed: a vehicle idling in the Timewise parking lot that matched the description of the stolen vehicle. Officer Roggenkamp also observed a male asleep int the driver side of the vehicle. Officer Roggenkamp ran the plate ont the vehicle and confirmed thati it was indeed a stolen vehicle. Officer Roggenkamp informed the Fayette County Dispatch and asked them to send al Deputy to Timewise. Once the Deputya arrived Officer Roggenkamp and the Deputy approached the vehicle. The Deputy placed a spike strip under the vehicle in case the driver woke up and decided to flee. The Keys were then removed from the vehicle and the driver began to wake up. Officer Roggenkamp then took the driver out oft the vehicle and placed him inl handcuffs. The driver was then transported toi the Fayette County. Jail where he was booked for witha al Deadly' Weapon. Both Subjects were booked into the Fayette County. Jail. prank call ("Swatting"): and that nobody had been shot. Sgt. Tunis then continued his normal duties. Officer Roggenkamp then continued his normal duties. Unauthorized use ofa a Motor Vehicle. On June 23, 2022, Officer W. Kalina overheard Fayette County Dispatch advise a Texas DPS Trooper that at traffic accident had occurred on State Highway 95 just south oft the City Limits of Flatonia. Officer Kalina responded and assisted the Trooper with traffic control due to the lack of visibility in that area oft the roadway while the Trooper conducted his crash investigation. Once the accident was cleared Officer Kalina continued his normal duties. On June 27, 2022, Officer T. Amos was sworn-in as a Commissioned Flatonia Police Officer. Officer Amos began her Field Training Program andi is currently assigned to Chief L. Dick for her First Phase of training. Officer Amos, shortly after being sworn-in, was asked to assist the Fayette County Sheriff's Office withs searching two female subjects after Deputies located narcotics inside the vehicle. Chief Dick, Officer. Amos and Officer Roggenkamp responded to assist. Officer Amos searched both females and assisted the Fayette County Sheriff's Office with securing the area and searching the vehicle. One male subject and one female subject were arrested byt the Fayette County Sheriff's Office and transported to jail. Chief Dick, Officer Amos, and Officer Roggenkamp then continued their normal duties. NOFURTHER DETAILED INFORMATION IS PUBLISHED DUE TOON GOING INVESTIGATION OF CASES. Arrests and Pending Charges There were three (3) direct custody arrests for the month of June. One arrest for Unauthorized use of a Motor vehicle and Two arrests (same incident) one for Aggravated Assault with a Deadly' Weapon and another arrest for a Blue Warrant issued by the Texas Department of Criminal. Justice. Traffic Contacts: 97 All Flatonia Police Officers, including command staff, have conducted traffic control throughout the city and specifically in the areas of1 town that complaints have been received related to speeding and stop sign violations. Flatonia officers will continue to conducts stationary: yandmobile radar and observe traffic at intersections to address the traffic concerns. In-Service Training: Flatonia Police Department officers continuously strive to participate in different training provided every month. Continuous training is vital because of the influence it has on the officer's everyday performance and for professional development. June 2022 TYPE Agency Assist Accidents Alarm Calls Animal Complaints Citizen Assist Civil Matter Close Patrol Funeral Escort Ministerial Voucher Motorist Assist Noise Complaint Open Door School Patrol/Security 17 Suspicious Vehicle Suspicious Person Traffic Hazard Transient Call Walk In Disturbance Welfare Check Traffic Stops Public Intoxication Scam Call Follow Ups Other Traffic Control Smoke TOTAL # 23 14 2 3 1 3 151 0 1 3 2 2 1 3 0 1 3 11 0 97 0 1 4 44 17 0 399 Flatonia Police Department 06/07/2022 Flatonia Fire and Rescue This report was generated on 7/5/2022 1:34:14 PM Incident Type and Street Name for Date Range Incident Status: AlI Start Date: 01/01/2022 IEnd Date: 06/30/2022 Flatonia, TX Incident Date 01/03/2022 01/03/2022 01/03/2022 01/14/2022 01/14/2022 01/14/2022 01/17/2022 01/17/2022 01/21/2022 01/22/2022 01/22/2022 01/26/2022 01/28/2022 01/31/2022 02/03/2022 02/05/2022 02/07/2022 02/07/2022 02/08/2022 02/09/2022 02/11/2022 02/11/2022 02/11/2022 02/13/2022 02/13/2022 02/14/2022 02/15/2022 02/16/2022 02/16/2022 02/18/2022 02/19/2022 02/20/2022 02/22/2022 03/01/2022 03/04/2022 03/05/2022 03/08/2022 03/13/2022 03/15/2022 03/16/2022 03/20/2022 Address Incident Type Medical assist, assist EMS crew Building fire Fire, other Grass fire Motor vehicle accident with injuries Dispatched & cancelled en route Grass fire Motor vehicle accident with injuries Emergency medical service, other Emergency medical service, other Emergency medical service, other Building fire Brush or brush-and-grass mixture fire Motor vehicle accident withi injuries Medical assist, assist EMS crew Brush or brush-and-grass mixture fire Grass fire Medical assist, assist EMS crew Motor vehicle accident with no injuries. Arcing, shorted electrical equipment Medical assist, assist EMS crew Grass fire Gasoline or other flammable liquid spill Motor vehicle accident with injuries Passenger vehicle fire Grass fire Grass fire Motor vehicle accident with noi injuries. Dispatched & cancelled en route Grass fire Motor vehicle accident withi injuries Fire, other Grass fire Fire, other Grass fire Aircraft standby Outside rubbish, trash or waste fire Grass fire Arcing, shorted electrical equipment Medical assist, assist EMS crew Fire, other FM609 & Ehler Grasshoff Rd, Flatonia, TX78941 Wehmeyer Rd, Flatonia, TX 78941 Branekcy Rd and 90, Flatonia, TX78941 Freyburg-Engle Rd, Flatonia, TX78941 Branecky Rd, Flatonia (CCD), TX78941 Boulton Creek Rd, Muldoon, TX78949 Allen Rd, Flatonia, TX78941 IH10) WB &N MM 661, Flatonia (CCD), TX78941 Brown Rd, Flatonia, TX78941 FM2762, Flatonia (CCD), TX78941 3N Milel Rd & Hwy 95, Muldoon, TX78949 Nike! Mica Rd, Flatonia, TX78941 Hwy 95 @ Vyvyalla Ln, Flatonia, TX.78941 Slaughter House Rd, Flatonia, TX78941 Farekl Loth Rd, Flatonia, TX78941 IH10&MM 659, Flatonia, TX78941 IH10&N MM 657 WB, Flatonia, TX78941 FM2762, Flatonia, TX78941 Anchor Ranch Loop, Flatonia, TX 78941 IH10 EB & MM 658, Flatonia, TX78941 Cowan Rd, Flatonia, TX 78941 IH10 WB &1 FM2 2238, Flatonia, TX78941 IH10 & 661 East, Flatonia, TX78941 Farek Loth RD, Flatonia, TX78941 IH10 EB & MM 660, Flatonia, TX78941 IH10V WB & MM 665, Flatonia, TX7 78941 Darilek Rd, Flatonla (CCD), TX78941 Hwy 95 and Starry Rd, Flatonia (CCD), TX78941 NKnezek, Flatonia (CCD), TX78941 CR4158CR416, Waelder, TX78959 Lists the Incident Date, Street Name (including City, State, Zip), and Incident Type ofi incidents occurring within the given Date Range. Only Reviewedi incidents arei included. emegenoyreporting.com Docid:1 1513 Page #1of2 03/20/2022 03/23/2022 03/26/2022 03/26/2022 03/30/2022 04/02/2022 04/03/2022 04/05/2022 04/08/2022 04/09/2022 04/16/2022 04/20/2022 04/27/2022 04/28/2022 05/01/2022 05/03/2022 05/05/2022 05/08/2022 05/10/2022 05/13/2022 05/14/2022 05/15/2022 05/30/2022 06/05/2022 06/09/2022 06/17/2022 06/19/2022 06/21/2022 06/26/2022 06/26/2022 06/30/2022 Dozier Road & FM2 2762, Flatonia, TX78941 IH10 & MMG 665 WB, Flatonia, TX78941 IH10 & MM6 662, Flatonia, TX78941 Dispatched & cancelled en route Grass fire Motor vehicle accident with njuries Dispatched & cancelled en route Oil or other combustible liquid spill Vehicle accident, general deanup Assist police or other govemmental agency Dispatched. & cancelled en route Motor vehicle accident with injuries Dispatched & cancelled en route Dispatched & cancelled en route Electrical wiring/equipment problem, other Assist police or other govemmental agency Medical assist, assist EMS crew Gasoline or other flammable liquid spill Passenger vehicle fire Motor vehicle accident with no injuries. Extrication of victim(s) from vehicle Outside rubbish fire, other Road freight or transport vehicle fire Grass fire Electrical wiring/equipment problem, other Motor vehicle accident with no injuries. Motor vehicle accident with injuries Fire in mobile home used as fixed residence Motor vehicle accident with injuries Motor vehicle accident with no injuries. Medical assist, assist EMS crew Emergency medical service, other Fire, other Dispatched & cancelled en route onia U 1T0&I 009 WB and Fwy 95 exit, Flatonia (CCD). IA FM: 2762, Flatonia (CCD), TX78941 IH10 WB & MM 666, Flatonia, TX78941 Burke Rd, Flatonia (CCD), TX 78941 Pavlica Road, Flatonia (CCD), TX78941 IH 10&N MM 665, Flatonia, TX 78941 IH10 & MM 668 WB, Flatonia, TX 78941 FM 609, Flatonia, TX78941 IH10 & MM6 657, Flatonia, TX78941 IH10 & MM 657, Flatonia, TX78941 Parker Rd, Flatonia, TX78941 IH10 & MM6 661 EB, Flatonia, TX7 78941 Ehler Grassoff, Flatonia, TX78941 FM6 609, Flatonia, TX78941 IH10 & MME 663 EB, Flatonia, TX7 78941 Parkerville Rd, Flatonia, TX78941 IH10 & MM 657 EB, Flatonia, TX78941 FM 609, Flatonia, TX78941 Burke Rd, Flatonia, TX78941 Slo. John Lane, Flatonia (CCD), TX78941 Ehler Grassoff, Flatonia, TX78941 Total incidents:72 AmyyR-bnon Lists the Incident Date, Street Name (including City, State, Zip), and Incident Type ofi incidents occurring within the given Date Range. Only Reviewed incidents arei included. emengensyeporting.com Doc Id: 1513 Page #2of2 Flatonia Fire and Rescue This report was generated on 7/5/2022 2:22:33 PM Total Incidents per Personnel for Date Range Flatonia, TX Personne!: All Personnel I Sort By: Personnel I Start Date: 01/01/2022 JEnd Date: 06/30/2022 PERSONNEL COUNT 28 34 20 1 24 17 49 44 22 31 59 46 36 33 26 32 11 26 539 72 PERCENTAGE 38.899 % 47.22% 27.789 % 1.39% 33.339 % 23.61 % 68.069 % 61.11 % 30.569 % 43.06% 81.94 % 63.89 % 50.00 % 45.839 % 36.119 % 44.44.% 15.28% 36.11% Barta, Glenn Blair.Julle Gonzales Jr., Joe Gonzales, Joe Hernandez, Pedro Ivy, Bobby Ivy.James Jasek. Paul Ponder. Ty Rice. AnthonyJ Robinson, Gregg Robinson. James G Stryk. Allen Swenning, Chris Todd. MarkB Todd. Richard. J Vrana, Gregg Young, Richard Sum of Individual Responses Total Incidents for Date Range Minalnmmbogphan ngryRbnon Includes incidents where personnel responded to on or off an apparatus. Only REVIEWED incidents included. ameyengyreporing.com DocId:274 Page#1of1 June 2022 Utility Director Activity Report 6/1 Work on quiet zone Attempt to disassemble fire hydrant on top of Mill St. Meet with Befco about Collins St. 6/2 Clean up pool for opening Water samples Wire out poles for next week electrical extension project Replace meter set at MidTex Minerals 6/3 Trim trees in electric ROW on' W gth by Hwy 95 Trim electric ROW on Walnut St. Water leak on S. La Grange 6/5 Call out for power out in back of golf course John called in to help with pool Finish brush cleanup on Walnut Finish brush cleanup on Starry Rd Replace stub pole in Arthur's Trailer Park Set poles (2) & lights on Hackberry by Walnut Start maintenance on North feeder (electrical) 6/6 6/7 6/8 Replace 3 poles on North feeder Repair clogged pump in lift station 1 6/9 Finish north feeder Start building electrical extension for customer off Fair Park Rd Trip to Humble to pick up repaired generator 6/10 Reset manhole lids on Hwy 90 Power outage 1st & Market 6/12 Chlorine feed issue @ well #9. Resolved Water leak off Penn St, between 4th &5 5th 6/13 Repair water leak off Penn St., between 4th & 5th Check water leak on gth St, found to be on customer side Work on electrical extension off Fair Park Rd 6/14 Repair leaks on cla-valve on booster #2 at water plant #3 Start reading meters Read meters 6/15 6/16 Clear electrical ROW off Old Hallettsville Rd Smoke testing sewer lines 6/17 Finish clearing electrical ROW off Old Hallettsville Rd Rod out sewer blockage @ Flatonia Wildcat Rod out sewer blockage off Hwy 90 near. Jurek Ln Rod out sewer plant crossovers Converse @ 5th Disconnect electrical service for upgrade, replace secondary & hook up new service on 6/19 6/20 Water leak @ well #9, shut well down Repair water line to chlorine injector. Return well to normal operation Smoke testing Pull meters forr non-payment 6/21 Meet pool leak detection company, found 2 leaks on the piping of the pool Replace city side water valve on a service at Market & 4th Clear section of electrical ROW near Raphel's Refuge 6/22 6/23 6/24 Replace section of sewer pipe on Hwy 90 near N. Converse damaged by construction Replace broken union on pool pump Finish ROW clearing by Raphael's Smoke test sewer lines & repair some oft the issues found 6/27 Repair damaged sewer line in the 400 block of Hwy 90 (due to construction) Repair 3 sewer leaks found by smoke test (*not reporting those easily fixed) Smoke testing Power outage on the end of the west feeder 6/28 Replace leaking o-ringi in the hydraulic pump of the maintainer Finished smoke testing (found 40 issues) Repairing issues found 6/29 Completed repairs fori issues found smoke testing Meeting with GLO, Langford, & Befco about grant for flood mitigation @ the sewer plant 6/30 Power outage on Merken Rd Jet culverts on the above street Cut and shape ditches on E11thb between Walnut & Garbade City Manager'sReport To: Mayor Gessaman & City Council CC: Staff From: Sonya Bishop, City Manager Date: 7/12/2022 Re: Monthly City Manager'sReport Mayor and Council, 1. Planning and Zoning: There was aj planning and zoning meeting on July 5, 2022. The committee voted unanimously tol have. Joe Breads nominated as ai new planning and zooming member. Tammy Collins was nominated for a seat; however, the committee stated per the ordinance that thej person must livei in city limits, not just ownj property in city limits. This was verified and emailed to all of the council. Also, per the ordinance, the commission comprises seven members appointed by the City Council. 2. Economic Development: a. EDCI had a meeting on June 16, 2022. The board continues to work on getting wayfinding signage. We are working locally with' Trophy Tech. b. Ireconciled the EDC account from the start of EDC in 2017 to current. Icreated a spreadsheet that indicates where EDCI has spent money. Code Enforcement: 1. Thej job description is on the agenda tonight; ift the council approves this job description, ,Ican post thej job and hopefully find a good candidate to fill the position. 2. Ihave attempted to contact Amigos without any luck; Iam continuing to try to contact someone to get the area cleaned up. 3. Many businesses are not following the code that will need tol be addressed; many are on Main Street. Road Construction: 1. TxDOT continues to work and is-ahead on the project. There are no. further projection. dates. UtilityProjects: a. Mayor Geesaman, Jack Pavalas, Tammy, and I met on. June 29, 2022, to kick offt the $291,013.02 GLO Community Development and Revitalization Grant (GLO-CDR). This grant is al hazard mitigation program with strict infrastructure to reconstruct/construct sewer lines or systems. Parks and Pool: a. McWhirter park continues to need al lot oft repairs. Ihaven not received any additional quotes. Iadvertised on social media and word ofmouth. Wehave not heard from b. Iam working with Coach Bruns to set up ai meeting to discuss aj possible agreement with Flatonia ISD and the city regarding the ball fields. Mayor Gessaman will bei included in We continue tol havei issues with the pool. Multiple leaks will need to be repaired. Weare trying tol hold off until the end oft the season. On. July 15, we: are short on certified lifeguards; we have no choice but to close the pool on this day. Safety and health come d. The revenue from the pool is lower than inj previous years. There arei not as many families using the pool. IfIhad to guess, Iwould think itis from the extreme anyone. this meeting. first. temperatures. Administration: a. OnJuly 6, 2022, a major accident occurred between Waelder, Texas, and Flatonia, Texas. Traffic was converted. and caused major traffic issues for our community. I am very proud ofo our staff; they came together as a team and worked late into the night to keep the b. Our police department rapidly responded, and Ty Roggenkamp immediately set up directing traffic. Chief and our newest officer, Taylor Amos, was at the scene ofthe accident before returning to the city to direct traffic at another intersection. One ofthe officers scheduled to work the night shift also came in onl his offtime tol help. Our newly hired SRO officer came to the office for his paperwork and volunteered to join the efforts in traffic control. Our utility crew set up traffic control in other areas. A special thank you to our staff and volunteer firefighters for keeping our community safe!. Also, Iwould like to thank the many folks diverted through the city that passed water. to our staff. It was heartwarming to see total strangers that may never meet again show such compassion for our staff and volunteers as they endured the extreme temperatures to direct the traffic. traffic moving through the city. Financial Report: a. While working on the proposedbudget, I foundamany revenueline items that had. budgeted revenue amounts; however, there have been no deposits. Icontinue researching, and we will discuss these issues in our upcoming budget meetings. There will be some tough decisions to make. This concludes the City Manager Report for submission at the. July 12, 2022, City Council meeting. CZLCAU FLATONIA Downtown Museum Library Project Business ncentives/Grants. Infrastructure Business Confrences Parks Retail Recruitment Administration-General Businss Projections for future Projects Total Projects and Projections Total Spent S $ $ $ $ $ $ $ Percentage 21% 21% 2% 37% 8% 12% 100% 1% 92,474.50. 93,127.92 6,974.55 163,893.19 34,000.00 54,168.36 444,638.52 25,000.00 $469,638.52 EDCF Projects Business Incentives/Grants Project Total Spent $ 40,000.00 $ $ 13,000.00 $ 21,280.00 $ 16,500.00 $ 1,590.00 $ 104.50 $ 92,474.50 $ 7,000.00 $ 15,737.92 $ 15,000.00 $ 5,421.50 $ 21,185.00 $ 17,230.95 $ $ 11,552.55 $ 93,127.92 $ 249.00 $ 996.47 $ 3,468.37 $ 56.98 $ 750.00 $ 5,520.82 20,000.00 131,075.16 12,818.03 163,893.19 34,000.00 34,000.00 10,000.00 $ 8,000.00 $ 1,000.00 $ 7,000.00 BIP Grant Broadband internet availabilityl blanket Wi-Fi Covid 13 Utility! 500 grant Façade Improvement Grant Hwy Construction 90 Grant Jon Schallert's Destination! boot Camp Texas Historic Commission, /Signage Film Friendly' Workshop Infrastructure Hudson Streets straighten water line outt to Roberts sewer line behind north Main bidg. Street Lights Improvements Paved parking Lot Chamber New water wastewater line on 9th street Sewer line extension for Converse to Ole Teal Room Wastewater line on 12 street Rail Meeting Amtrak OST Meeting International: Shopping Center Conference Retail meeting in Austin, Texas Texas Rall Advocates Sponsorship Contribution splash pad Purchased Property Splash Pad Drainage Retail Coach Business Conferences Parks Retail Recruitment List of Futurel Projects Public Restrooms 7 Ae Park Drive thrui for McQuirter Park traffic Baseball Field Wayfinding Signage OST Signage Striping South Main Street Sidewalks extensions at Railroad Crossings EDC Grant CDBG wastewater Water line Extension on Garbade Lane Market Street extension to 110-frontage Nikel-Mica on. Jares Lane and 1101 frontage to 609 CARTS/Amtrak Terminal andi parking area $ "26,000:00 13,288.50 $ 23,000.00 $ $ 1,000.00 $ 4,656.00 $ 7.60 $ 207.00 $ 779.26 $ 3,900.00 $ 7,330.00 $ Administration-General Business Legal Salaries Travel Training Signage Postage Media Misc.Admin Bonds Audit 2018 MISCI No Check Book to reconcile against 54,168.36 $ 2,452.73 $ 996.47 $ 3,468.37 $ 56.98 $ 6,974.55 Business Conferences Rail Meeting Amtrak OST Meeting International Shopping Center Conference Retail meeting in Austin, Texas Minutes Flatonia City Council Regular Meeting June 14, 2022 Present Mayor Mayor Pro Tem Councilpersons Dennis Geesaman Catherine Steinhauser Ginny Sears Allen Kocian Travis Seale Joanye Eversole City Staff Sonya, Bishop, City Manager Tammy Louvier, City Secretary Jack Pavlas, Utility Director Lee Dick, Police Chief Mayor Dennis Geesaman called the Regular Meeting to order at 6:00 p.m. The invocation and pledges to the American and Texas flags were led by Mayor Dennis Geesaman Workshop Training for new Council members concerning the Public Information Act provided by the Assistant City Attorney began at 5:00 pm and ended at 5:47 pm. Opening Agenda Call to Order Invocation & Pledge Citizens' Participation Citizen Participation Chad and Melissa Helms provided aj power point presentation on their plans for the property located at, 102 E. South Main St, Flatonia, Tx 78941. Terry Walter the attorney: for Chad and Melissa Helms is here to answer any legal questions concerning the project plans for the property located at, 102 E. South Main St., Flatonia, Tx 78941. Presentations Jacob Garlick with BEFCO provided information on what the water Conservation plan is and why it is required. Craig Moreau Chief of Emergency Management and Homeland Security provided an overview and material for the current Emergency Management Plan forl Fayette County. We will have a special meeting on July 21, 2022 to discuss the Emergency Management Plan for the City of Flatonia. Reports Police Chief Fire Chief Utility Director City Manager Provided an overview of current activity in City of Flatonia Greg discussed the activity for the Fire Department for the Sonya went over the results of the. June P&Zr meeting from earlier in the month. She also discussed the status of the search for a Code Enforcement Officer and changing the job description to Code Enforcement Official. This would open the position up to someone that may not have the certification but would be qualified as a Code Enforcement Official. We are still waiting on the status oft the 2020. Audit for the month ofMay. month of May Report Jack went over the street lights project. from the Auditors. Consent Agenda C1. Councilman Seale made a motion to approve the minutes from the May 24th Meeting. Council member Eversole seconded the motion. None opposed. Motion carried. C2. Council member Eversole approved the financial reports for April 2022 and May 2022. Mayor Pro Tem Steinhauser seconded the motion. None opposed. Motion carried. Public Hearing PHI 6.1.2022.1 Public Hearing on request from Chad and Melissa Helms for a Conditional Use on property located at, 102 E. South Main St, Flatonia, Tx 78941. The property is identified with Fayette County Appraisal District as PID #27716. The request is to operate as an Airbnb and future office space on front street side. This property is currently zoned as Commercial Business District (CBD). Deliberation Agenda DA6.1.2022.1 Council person Sears made ai motion to approve the water conservation plan and drought contingency plan. Mayor Pro Tem Steinhauser seconded the motion. None opposed. Motion carried. DA6.1.2022.2 Councilmember Sears made a motion to approve the request from Chad and Melissa Helms for a Conditional Use on property located at, 102 E. South Main St, Flatonia, Tx 78941.The property isi identified with Fayette County Appraisal District as PID #27716. The request is to operate as an Airbnb and future office space on front street side. This property is currently zoned Commercial Business District (CBD). Councilman Kocian seconded the Mayor Geesaman recommended Joanye Eversole, Travis Seale and Lisa Kirtley as a committee to review the comprehensive plan for rezoning the area bounded by Walnut St/11th St/City limit from R1 to R2. Mayor Pro Tem Steinhauser made a motion to approve Joanye Eversole, Travis Seale and Lisa Kirtley as a committee to review the comprehensive plan for rezoning the area bounded by Walnut St/11th St/City limit from R1 to R2. Councilmember Sears seconded the motion. None opposed. Motion carried. Council member Sears made a potion to proceed with the work needed on the buildings in the McWhirter Park and Garbade Park. We will need to get two additional estimates. Council member Eversole seconded the motion. No action was taken on nominating candidates for the Planning and Zoning Councilman Seale approved the street projects. With the cavate that we need to create a map with phases to put on Facebook and on our website for the citizens. Council member Eversole seconded the motion. None opposed. Council member Eversole made a motion to approve the amendment of authorized representatives for TexPool to City Manager, Sonya Bishop and City Secretary, Tammy Louvier. Mayor Pro Tem Steinhauser seconded the motion. None opposed. Motion carried. DA6.1.2022.3 DA6.1.2022.4 None opposed. Motion carried. DA6.1.2022.5 DA6.1.2022.6 Committee. Motion carried. DA6.1.2022.7 motion. None opposed. Motion carried. Mayor Geesaman adjourned the meeting at 7:50j p.m. Adjournment Signed Dennis Geesaman Mayor Attest Sonya Bishop City Manager Minutes Flatonia City Council Special Meeting June 21,2022 Present: Mayor Mayor Pro Tem Councilpersons Dennis Geesaman Catherine Steinhauser Ginny Sears Allen Kocian Joanye Eversole City Staff Sonya, Bishop, City Manager Tammy Louvier, City Secretary Jack Pavlas, Utility Director Lee Dick, Police Chief Travis Sears Absent: Councilman Opening Agenda Call to Order Mayor Dennis Geesaman called the Special Meeting to order at 6:02 p.m. Invocation & Pledge Councilman Kocian called led thei invocation and pledge. Citizens' Participation There was no citizen participation Deliberation Agenda DA6.2.2022.1 Council person Sears made a motion to approve the Resolution Regarding the Civil Rights Policies for the 2020GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract #22-119-001-D359. Mayor Pro Tem Steinhauser seconded the Mayor Pro Tem Steinhauser made a motion to approve the Resolution Designating Authorized Signatories for Contractual and Financial Documents pertaining to the 2020 GLO Community Development Block Grant Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract # 22-119-001-D359. Councilman Kocian seconded the motion. Mayor Pro Tem Steinhauser made a motion to approve the Reaffirming of thel Proclamation declaring April 2022 as the City ofFlatonia- - Fair Housing Month; Mayor to Sign Proclamation. Council person Sears seconded the motion. None opposed. Motion carried. DA6.2.2022.2 None opposed. Motion carried. DA6.2.2022.3 motion. None opposed. Motion carried. DA6.2.2022.4 Council person Sears made a motion to approve the Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program Contract Number #22-119-001-D359. Councilman Kocian seconded the motion. None opposed. Motion carried. Mayor Pro Tem made a motion to approve the Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant Mitigation Supplemental (CDBG-MIT Supplemental) Program Contract Number #22-119-001-D359. Council person Sears Council person Sears made a motion to approve the adoption of the Local Procurement Policies & Procedures Addendum pertaining to the GLO Community Development Block Grant - Mitigation Supplemental (CDBG- MIT Supplemental) Program, Infrastructure Contract Number #22-119- 001-D359. Mayor Pro Tem Steinhauser seconded the motion. None Mayor Pro Tem Steinhauser made a motion to adopt the Statement of Financial Goals and Policies Amendment #1 pertaining to the GLO Community Development Block Grant Mitigation Supplemental (CDBG- MIT Supplemental) Program, Infrastructure Contract Number #22-119- 001-D359. Council person Sears seconded the motion. None opposed. DA6.2.2022.5 seconded the motion. None opposed. Motion carried. DA6.2.2022.6 opposed. Motion carried. DA6.2.2022.7 Motion carried. Executive Session Open: ES6.1.2022.1 The implementation of security plans in relation to crisis planning and management, and related resources. Executive Session Closed: Adjournment Mayor Geesaman adjourned the meeting at 8:02 pm. Signed Dennis Geesaman Mayor Attest Sonya Bishop City Manager a : E E 0 - 2 000008 88 - 5 : III : : d8 d0 TEETE - - sl I - : - - 33 e S 8 : : 60 3 : - :a : - 8 ITTTTT i ILE! : : - ITTT 88 - sl : 1hnl: u EE BEE - - 8 R a I:1I! - : EE - : : - - a 16 : - pp :5 0 EE :s - : S : TETTTTT sh - IEET I 88 00.088 ETT A U - II 0000w8 de de : 8888 88 df 9 KE KE 11 PI :..8 0000N8 - E - 0000 88888 de - : 8888888 6 - - a a E < a 2 I E: IE : a Ills E:: : a : E E Po 8e n e L N N 8888888 : : 88 de 88 88 - 08 8888 & y : 8880 8888 888 3 3 8 : : 88888 8888888 d8 3 8 CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA7.1.2022.1 Consider and take appropriate action on ORDINANCE NO. 2022.7.12.1 An ordinance restricting pay day loan companies and title companies to conduct business in city limits. Summary: Take appropriate action on ORDINANCE NO. 2022.7.12.1 An ordinance restricting pay day loan companies and title companies to conduct business in city limits. Option(s): Imove to make the motion to approve the adoption of the ORDINANCE NO. 2022.7.12.1 An ordinance restricting pay day loan companies and title companies Ify you are opposed to not 2nd or make any motion. Ifa motion is not made, the too conduct business in city limits. item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. ORDINANCE NO. 2022.7.12.1 AN ORDINANCE OF THE CITY OF FLATONIA, TEXAS SETTING FORTH REGISTRATION REQUIRMENTS AND CREDIT EXTENSION GUIDELINES FOR CREDIT ACCESS BUSINESSES AND PROVIDING A PENALTY. WHEREAS, certain credit access businesses engage in abusive and predatory lending practices, offering easy money to those members of our community who are in: a tight spot WHEREAS, the practices of certain access businesses cause members of our community to become trapped in a cycle of short term, high interest loans resulting in large debt and WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in America: Who Borrows, Where they Borrow, and Why, (July 2012), wrote that "payday loans are sold ast two-week credit products that provide fast cash, but borrowers are actually indebted for an average offive months per year."T The report further noted that "on average, ab borrower takes out eight loans of $375 each per year and spends $520 on interest;," and WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in America: Who Borrows, Where they Borrow, and Why, (July 2012), also noted: "How much borrowers spend on loans depends heavily on the fees permitted by their state. The same $500 storefront loan would generally cost about $55 in Florida, $75 in Nebraska, $87.50 in Alabama, and $100 in Texas, even if it were provided by the same national company in all those states. Previous research has found that lenders tend to charge the WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in America: Who Borrows, Where they Borrow, and Why, (July 2012), also stated that "the vast majority ofborrowers use the loans on a long-term basis, not temporary one. Thus it seems that the payday loan industry is selling a product few people use as designed and that imposes debt that is consistently more costly and longer lasting than advertised;" a and WHEREAS, the Community Finançial Services Association of America (CFSA), the national trade association for companies that offer small dollar, short-term loans or payday advances includes the following in the "Member Best Practices" as listed on its internet site tp/chsacmchs-memsehsignsticsap), "Members shall not allow customers to rollover a payday advance (the extension of an outstanding advance by payment of only a fee) unless expressly authorized by state law, but in such cases where authorized will limit rollovers to four or the state limit, whichever is less." The need for consumer understanding was also outlined on this website: "A contract between a member and the customer must fully outline the terms oft the payday advance transaction. Members agree to disclose the cost of the service fee both as a dollar amount and as an annual with onerous terms and fees; and huge payments; and maximum permitted in a state;"and percentage rate ("APR");"and ORDINANCE NO. 2022.7.12.1 WHEREAS, the Center for Responsible. Lending, ai non-profit, non-partisan organization, states on its internet site (itp/www.responsbbleledngorgolrer-consumerloans /tools- rsoure/as-acts.hm that: "car title loans are based on the value of al borrower's car - the ability to repay the loans is not factor in the lending decision..", "loan rates for a car title are typically 20-30 times that of rates charged by credit card issuers..." "; "the average car title customer renews their loan 8 times...", and, "on a $500 title loan, this average customer will pay back $650 in interest over eight months; the principal borrowed will be WHEREAS, lenders hold onto the motor vehicle title and when borrowers cannot centinue to pay the fees, they can lose their vehicles, which can drastically affect the borrower's means oftransportation for work and other essential household functions. NOW,THEREFORE, BEITORDAINED BYTHECITYCOUNCIL OFTHECITY ina addition;" and OF CITY OF FLATONIA, TEXAS: Section 1. Chapter 1- CREDIT ACCESS BUSINESSES 1.010- Short Title and Purpose. (a) This article may be known and cited as "Credit Access Businesses Regulation." (b) The purpose oft this article is toj protect the welfare of the citizens oft the City ofFlatonia by monitoring credit access businesses in an effort to reduce abusive and predatory lending practices. To this end, this article establishes a registration program for credit access businesses, imposes restrictions on extensions of consumer credit made by credit access businesses, and imposes recordkeeping requirements on credit access businesses. 1.020- Definitions. As used in this chapter: (1) CERTIFICATE OF REGISTRATION means a certificate of registration issued by the city under this article to the owner or operator ofa credit access business. (2) CONSUMER means an individual who is solicited to purchase or who purchases (3) CONSUMER'S LANGUAGE OF PREFERENCE is the language the consumer (4) CREDIT ACCESS BUSINESS has the meaning given that term in Section 393.601 the services ofa a credit access business. understands best. ofthe Texas Finance Code. ORDINANCE NO. 2022.7.12.1 (5) DEFERRED PRESENTMENT TRANSACTION has the meaning given that term (6) CITY means the city of the department designated by the City Council, City Manager, or City Councilor City Manager's Designee, to enforce and administer (7) EXTENSION OF CONSUMER CREDIT has the meaning given that term in (8) MOTOR VEHICLE TITLE LOAN has the meaning given that term in Section (9) PERSON means any individual, corporation, organization, partnership, association, (O)REGISTRANT: means aj person issued a certificate ofregistration for a credit access business under this chapterandi includes all owners and operators ofthe credit access business identified in the registration application filed under this chapter. (11) STATE LICENSE means a license to operate a credit access business issued by the Texas Consumer Credit Commissioner under Chapter 393, Subchapter G ofthe in Section 393.601 oft the Texas Finance Code. this chapter. Section 393.001 ofthe Texas Finance Code. 393.601 of the Texas Finance Code. financial institution, or any other legal entity. Texas Finance Code. 1.030- Violations; Penalty (a)Ap person who violates aj provision ofthis chapter, or who fails to perform an act required oft the person by this chapter, commits an offense. Aj person commits a separate offense for each and every violation relating to an extension of consumer credit, and for each day (b) An offense under this chapter is punishable by a fine ofr not more than $500. (c) A culpable mental state is not required for the commission of an offense under this (d) The penalties provided for in Subsection (b) are in addition to any other remedies that during which a violation is committed, permitted, or continued. article and need not bej proved. the city may have under city ordinances and state law. 1.040- Defenses Iti is a defense to prosecution under this article that at the time of the alleged offense the person was not required tol be licensed by the state as a credit access business under Chapter 393, Subchapter G, oft the Texas Finance Code. 1.050- Registration Required ORDINANCE NO. 2022.7.12.1 A person commits an offense ift the person acts, operates, or conducts businesses as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business. 1.060- Registration Application (a) To obtain a certificate ofr registration for a credit access business, aj person must submit an application on a form provided for that purpose to the city. The application must contain the following: (1) The name, street address, mailing address, facsimile number, and telephone (2) The business or trade name, street address, mailing address, facsimile number, (3) The names, street addresses, mailing addresses, and telephone numbers of all owners of the credit access business, and the nature and extent of each person's (4) A copy of a current, valid state license held by the credit access business pursuant to Chapter 393, Subchapter G oft the Texas Finance Code. (5)Acopy ofac current, valid certificate ofoccupancy showing that the credit access number of the applicant. and telephone number of the credit access business. interest in the credit access business. business is in compliance with the City of Code. ()Amon-refundable application fee for the amount established. (b) An applicant or registrant shall: notify the city within 45 days after any material change in the information contained in the application for a certificate of registration, including, but not limited to, any change of address and any change in the status of the state license 1.070- Issuance and Display of Certificate of Registration; Presentment upon held by the applicant or registrant. Request. (a) The city shall issue to the applicant a certificate of registration upon receiving a (b) A certificate ofregistration issued under this section must be conspicuously displayed to the public in the credit access business. The certificate oft registration: must be presented completed application under Section 1.060 upon request to the city or any peace officer for examination. 1.080- Expiration and Renewal of Certificate of] Registration. ORDINANCE NO. 2022.7.12.1 (a)A A certificate of registration expires on the earliest of: (1) One year after the date ofissuance; or termination of the registrant's state license. (2) The date ofrevocation, suspension, surrender, expiration without renewal, or other (b) A certificate of registration may be renewed by making application in accordance with Section .060. A registrant shall apply for renewal at least 30 days before the expiration of the registration. 1.090- Non-transferability. Ac certificate of registration for a credit access business is not transferable. 1.100- Maintenance of Records. (a) A credit access business shall maintain a complete set of records of all extensions of consumer credit arranged or obtained by the credit access business, which must include the following information: (1)The name and address of the consumer. (2)1 The principal amount of cash actually advanced. (3)1 The length oft the extension of consumer credit, including the number ofinstallments (4) The fees charged by the credit access business to arrange or obtain an extension of (5)The documentation used to establish a consumer's income under Section 1.110 oft this (b) A credit access business shall maintain a copy of each written agreement between the credit access business and a consumer evidencing an extension of a consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer). (c)Ac credit access business shall maintain copies ofall quarterly reports filed with the Texas Consumer Credit Commissioner under Section 393.627 oft the Texas Finance Code. (d) The records required to be maintained by a credit access business under this section must be retained for at least three years and made available fori inspection by the city upon request during the usual and customary business hours of the credit access business. and renewals. consumer credit; and ordinance. 1.110- Restriction on Extension of Consumer Credit. ORDINANCE NO. 2022.7.12.1 (a) The cash advanced under an extension of consumer credit that a credit access business obtains foraconsumer or assists a consumer in obtaining in the form ofadeferred presentment transaction may not exceed 20 percent oft the consumer's gross monthly income. (b) The cash advanced under an extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining in the form ofar motor vehicle title loan may not exceed the lesser of: (1)Three percent of the consumer's gross annual income; or (2)70 percent of the retail value of the motor vehicle. (c)Acredit access business shall use aj paycheck or other documentation establishing income (d) An extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining and that provides for repayment in installments may not be payable ini more than fouri installments. Proceeds from eachi installment must be used tor repay at least 25 percent oft the principal amount oft the extension of consumer credit. An extension of consumer credit that provides for repayment in installments many not be refinanced or (e) An extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining and that provides for a single lump sum repayment may not be refinanced or renewed more than three times. Proceeds from each refinancing or renewal must be used to repay at least 25 percent of the principal amount oft the original extension of (f) For purposes of this section, an extension of consumer credit that is made to a consumer within seven days aftera aj previous extension ofconsumer credit has been paid! by the consumer to determine a consumer'si income. renewed. consumer credit. will constitute a refinancing or renewal. 1.120- Requirement of Consumer Understanding of Agreement. (a) Every agreement between the credit access business and a consumer evidencing an extension ofo consumer credit (including, but not limited to, any refinancing orrenewal granted to the consumer), must be written in the consumer's language of preference. Every credit access business location must maintain on its premises, to be available for use by consumers, (b) Fore every consumer who cannot read, every agreement between the credit access business and: ac consumer evidencing an extension of consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer) must be read to the consumer in its entirety in the consumer's1 language of preference, prior to the consumer's: signature. agreements in the English and Spanish languages. ORDINANCE NO. 2022.7.12.1 (c) For every consumer who cannot read, every disclosure and notice required by law must be read to the consumers in its entirety in the consumer's language of preference, priort to the consumer's: signature. 1.130- Referral to Consumer Credit Counseling. Ac credit access business shall provide ai form, tol be prescribed by the City, to each consumer seeking assistance in obtaining an extension of consumer credit which references non-profit agencies that provide financial education and training programs and agencies with cash assistance programs. The form will also contain information regarding extensions of consumer credit and must include the information required by 1.100(a)(1)-(5) of this ordinance specific to the loan agreement with the consumer. Ifthe City has prescribed a form in the consumer's language of preference, the form must be provided in the consumer's Section 2. Should any article, section, part, paragraph, sentence, phrase, clause, or word of this ordinance, for any reason bel held illegal, inoperative, or invalid, or ifany exception to or limitation upon any general provision herein contained be held to be unconstitutional or invalid or ineffective, the remainder shall, nevertheless, stand effective and valid as ifit had been enacted and ordained without the portionl held tol bei illegal, inoperative, unconstitutional, language ofpreference. invalid, ori ineffective. Section 3. This ordinance shall take effect July 12, 2022 ADOPTED THIS 12th day of. July 2022. CITY OF FLATONIA TEXAS ATTEST: Mayor Dennis Geesaman City Secretary APPROVED ASTOFORM: City Attorney CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA7.1.2022.2 Consider and take appropriate action on ORDINANCE NO 2022.7.12.2 An ordinance prohibiting Loitering, camping, solicitation inp public areas. (City limits). Summary: Take appropriate action on ORDINANCE NO 2022.7.12.2 An ordinance prohibiting Loitering, camping, solicitation inj public areas. (City limits). Option(s): Imove to make the motion to approve the ORDINANCE NO. 2022.7.12.2 An ordinance prohibiting Loitering, camping, solicitation inj public areas. (City Ify you are opposed to not 2nd or make any motion. If a motion is not made, the limits). item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. ORDINANCE NO. 2022.7.12.2 AN ORDINANCE OF THE CITY OF FLATONIA, TEXAS, AMENDING CHAPTER 6 OF THE FLATONIA CODE OF ORDINANCE HEALTH AND SANITATION TO ADD SECTION 6.04 LOITERING, CAMPING, AND SOLICITATION; ESTABLISHING A PROHIBITION AGAINST LOITERING, CAMPING, AND HARASSING SOLICITATION IN PUBLIC AREAS; PROVIDING FOR: PENALTIES; PROVIDING FOR REPEAL OFCONFLICTING ORDINANCES; PROVIDING FOR RELATED MATTERS. Whereas, in 2021 the State ofTexas established al ban on camping within Texas Penal Code Section Whereas, Texas law allows a municipality to establish its own ordinances regulating camping, Whereas, the City Council for the City ofF Flatonia finds that loitering, camping, and solicitation pose Whereas, the City Council for the City of Flatonia desires to regulate the manner and location of loitering, camping, and harassing solicitation within public areas ofthe City of Flatonia. NOW,THEREFORE, BEI IT ORDAINED BY' THE CITY COUNCIL OF THE CITY OF Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made aj part hereof for all purposes as findings ofi fact. Section 2. Ordinance Prohibiting! Loitering, Camping, and Solicitation in Public Areas. Chapter 6ofthe City of Flatonia Code ofOrdinances "Health and Safety" is hereby amendedt to 48.05; and loitering, and solicitation; and arisk to public safety; and FLATONIA, TEXAS, THAT: include Section 6.04 "Loitering, Camping, and Solicitation." Section 6.04 Loitering, camping, solicitation in public area. (a) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly Automated teller machine. A device, linked to a bank's account records, which is able to Automated: tellerfacility. The area comprised of one or more automatic teller machines, and Bank. Includes savings banks, savings and loan associations, credit unions, trust companies, indicates another meaning: carry out banking transactions. any adjacent space that is made available to banking customers. or similar financial institutions. Camp. To reside temporarily in aj place, with shelter Camping. The use of aj public area for living accommodation purposes including, storing personal belongings; making a campfire; using a tent, shelter, vehicle, or other structures and/or materials for a living accommodation; carrying on cooking activities; or digging or earth breaking activities. ORDINANCE NO. 2022.7.12.2 Check cashing business. A person or entity that isi in the business of cashing checks, drafts, Harassing. Aggressively approaching or following aj pedestrian or vehicle, repetitive soliciting despite refusals, the use of abusive, profane, or offensive language that causes fear and intimidation, intentional or reckless unwanted physical contact or a threat thereof, and/or the Loitering. Sitting, lying down, sleeping, or stowing personal belongings in or on a public area, without the express permission of the entity or person who owns or otherwise controls such Public area. An area that is accessible to the public including a street, highway, park, sidewalk, parking lot, alleyway, pedestrian way, and the common areas ofas school, hospital, apartment building, office building, transport facility, shop, business, bank, rights-of-way between a roadway and the abutting property line or structure, and/or upon public rights-of-way. Shelter includes a tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of temporary, semipermanent, or permanent shelter, other than clothing or any handheld device, designed to protect aj person from weather conditions that threaten personal health and safety. Solicit. To request, by spoken, written, or printed word or by other means of communication a donation or transfer oft money, food, or any other thing from another person, regardless of the solicitor's purpose or intended use of the money or other thing, and regardless of whether or selling or cashing money orders for consideration. intentional blocking of pedestrian and vehicular traffic. public areas. consideration is offered. (b) Loitering prohibited. (1)Loitering in public areas prohibited. Aj person commits an offense ifthe person, after being notified by a law enforcement officer or the person that owns or controls the property that a person's activities violate a city regulation, fails to vacate the property in question. (2) Defenses. Itisa defense toj prosecution under subsection (a) that a person: (A) Was sitting or lying down because ofai medical emergency. (B) As a result ofa disability, used a wheelchair or similar device to move about; (C) Participated in or viewed aj parade, festival, performance, rally, demonstration, or (D) Waited in line to purchase a ticket to or attend a performance or aj public event, to enter an establishment, or to purchase food or other items for sale; (E) Sat on a chair or bench that was supplied by an agency, entity, individual or business, unless the agency, entity, individual, or business requested that the (F) Operated or patronized a commercial establishment that conducts business on the sidewalk, during the time business was being conducted thereon. similar event; person leave the chair or bench provided; or (c) Camping prohibited. (1) Camping inj public areas prohibited. A person commits an offense ift the person intentionally or knowingly camps in aj public place without the effective consent oft the officer or agency having the legal duty or authority to manage the public place. ORDINANCE NO. 2022.7.12.2 (2) The actor'si intent or knowledge may be established through evidence of activities associated with sustaining a living accommodation that are conducted in a public place, including: (A) Cooking (B) Making a fire; (D) Digging; or (E) Sleeping. (C) Storing personal belongings for an extended period; (4) This section does not apply toj permitted camping or cooking in a park in compliance with park regulations ori if the person is engaged in a sanctioned outdoor cooking event. (5) It shall be unlawful for any person to camp within the fenced area oft the swimming pool, playground areas, basketball courts or surrounding area owned by the city. (6) Iti is an affirmative defense toj prosecytion under this subsection that a person is camping in an area designated as a camping area by the City and/or parks department, owns the property, or has secured the permission oft the property owner to camp in aj public area unless such activities are otherwise prohibited by state or local regulations. (d) Solicitation Prohibited (1) Harassing solicitation prohibited. A person commits an offense ift the person solicits in al harassing manner in: (A) A public area. (B) Atai transportation stop; (C) Within twenty-five (25) feet of: (1) An automated teller facility. (ii) The entrance to a bank. (D) Atai marked crosswalk; (iii) The entrance or exit of a check cashing business. (E) On either side oft the street on al block where a school attended by minors, or a childcare facility has an entrance or exit; (F) Atas sidewalk eatery. (e) Penalty) for violations. Aj person committing an offense oft this section, and upon conviction thereof, shall be guilty of a class C misdemeanor and shall be subject to a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00). Section 3. Repeal lofConflicting Ordinances. All parts ofordinances in conflict herewith are hereby repealed to the extent of such conflict only. In the event of a conflict or inconsistency between this Ordinance and any other code or ordinance of the City, the terms and provisions ofthe most restrictive ordinance shall govern. ORDINANCE NO. 2022.7.12.2 Section 4. Effective Date. This Ordinance shall take effect immediately from and afteri its passage and publication in accordance with the provisions of the Tex. Loc. Gov't. Code. Section 5. Severability. Itish hereby declared tol bet thei intention ofthe City Council that thes sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Ifany provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications ofthis Ordinance which can be given effect without thei invalid provision, and to this end the provisions oft this Ordinance are declared to be severable. Section 6. Open Meetings. Iti is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose ofsaid meeting was given as required by the Open Meetings Act, Chapt. 551, Tex. Gov'. Code. PASSED AND APPROVED ON the day of 2022. CITY OF FLATONIA TEXAS ATTEST: Mayor Dennis Geesaman City Secretary CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA7.1.2022.3 Consider and take appreciate action on Resolution 2022.7.12.1 A Resolution approving holiday schedule for 2022-2023 Fiscal Year. Summary: Take appropriate action on Resolution 2022.7.12.1 A Resolution approving holiday schedule for 2022-2023 Fiscal Year. Option(s): Imove to make the motion to approve the Resolution 2022.7.12.1 Al Resolution I - Ify you are opposed to not 2nd or make any motion. Ifa motion is not made, the approving holiday schedule for 2022-2023 Fiscal Year. item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. RESOLUTION 2022.7.12.1 City of Flatonia Holidays October 1, 2022, to September 2023 New Year's Day Martin Luther King, Jr. Day Good Friday Memorial Day January 1, 2023 January 16, 2023 April 7, 2023 May 29, 2023 June 19, 2023 July-4,2023 Sunday (observed Monday) Monday Friday Monday Monday Tuesday Juneteenth Independence Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Full-time employees each year by Resolution. September 4, 2023 Monday November 10, 2023 Saturday (observed Friday) November 23, 2023 Thursday November 24, 2023 Friday December 24, 2023 Sunday (observed Friday) December 25, 2023 Monday Birthdate Whereas, the City Council of the City of Flatonia, Texas finds it necessary to set aside all Officially Designated Holidays Now therefore, iti is resolved by the Council of the City of Flatonia, Texas that: (1) The official Federal Holiday Schedule is designated as the Official Holiday Schedule for 2023, commencing with the 15 day of January 2023 and (2) This Resolution is effective immediately upon passage. Passed and approvea/dsapproved by the City Council on this day, the 12+h of July 2022, by a vote of yeas: nays:. and abstains: Mayor Dennis Geesaman City Manager, Sonya Bishop Page 1of1 CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA7.1.2022.4 Consider and take appropriate action on the job description for a Code Enforcement Official. Summary: Take appropriate action on the job description for a Code Enforcement Official. Option(s): Imove to make the motion to approve the job description for a Code Enforcement If you are opposed to not 2nd or make any motion. If a motion is not made, the Official. item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. Code Enforcement Official Department: Code Enforcement Division: Police Department Supervisor: City Manager Position Purpose Salary: Non-exempt Status: Part-Time Salary: Based one experience The Code Enforcement Official is a highly skilled position that performs specialized and complex inspections and enforces municipal, land development, and property maintenance codes within city boundaries. Schedules and performs systematic property maintenance inspections to maintain or achieve minimum property standards and handles difficult technical problems as needed. Job requires investigation to resolve potential violations of the municipal, state laws, ordinances, and code regulations. The position requires a variety of highly responsible, confidential, complex secretarial administrative duties for the code enforcement. The Code Enforcement Official is the liaison between citizens and other city departments and to provide code enforcementrelated support to the City of Flatonia. Essential duties and responsibilities: Research records to determine ownership of property locatedi in the city. Maintains files and records of complaints. involingnon-bulding issues. Investigate complaints of violations ofl local and state laws, ordinances, or codes Respond to and handle complaints concerning weeds, debris, rodent and similar nuisances. Maintain records of such inspections. Investigating zoning violations. laws and ordinances. Issue notices of violations. Provide information to violators and the general public regarding applicable codes, Conduct follow-up investigations to ensure compliance with appropriate codes and Perform administrative and clerical worki for code enforcement department. Organize and maintain arecords management program for the code enforcement files. Participate and assisti in the administration of the Building Official'sa activities; prepare comprehensive administrative reports, and manuals related tot the Code Enforcement ordinances. Department. Code Enforcement Official Department: Code Enforcement Division: Police Department Supervisor: City Manager Salary: Non-exempt Status: Part-Time Salary: Based one experience Answer questions and provide information to city staff and the publicregarding.ode enforcement procedures and policies; refer inquiries as appropriate. Prepare a variety of written reports, memos, and correspondence; document and maintain records of code enforcement activities; compile findings, photographs, and other evidence ofnon-compliance and prepare case for potential legal actions. Recording of complaints, site inspection, prepare related code violation correspondence, research property owners, and contact contractors for correction of code Screen office and telephone callers; maintain schedules of office activities, meetings and various events; coordinate activities with other city departments, the public and outside Independently compose, compile, and prepare correspondence, reports andi related Type and proofread a wide variety of complex reports, letters, ordinances, contracts, violations. agencies. documents as assigned. financial data, memoranda, and statistical charts. Attend City Council meetings and present a code enforcement report. Testify in court as required. Assist inav variety of office operations; perform special projects and assignments asr requested. Performs all other duties assigned. Requirements: Education and Experience: Must be at least 18 years of age. Ability top perform all related manual tasks; High school diploma or equivalent; Valid Texas Driver's License; good public relations and communication skills - both verbal & written; computer skills/knowledge. Basic Computer skills. Bilingual preferred but not required. Experience and Training Guidelines: Any combination of experience and training that would likely providet ther required knowledge and abilities is qualifying. Atypical way to obtain the knowiedge and abilities Two years of responsible administrative and secretarial experience preferably within a would be: municipality. License or Certificate: Valid Texas Class CDriver'slicense Code Enforcement Official Department: Code Enforcement Division: Police Department Supervisor: City Manager Salary: Non-exempt Status: Part-Time Salary: Based on experience Preferred License or Certificates: Possession of, or ability to obtain Texas Code Enforcement Officer License. TDLR Registered Code Enforcement Officer (CEO) Physical Conditions Most of the worki is performed outdoors. Employee will frequently sit, stand, walk and run on slippery and uneven surfaces, kneel, crouch, twist, climb ladders and inclines, swim, reach, bend, crawl, and push, pull, drag, grasp and liftp poolegupmantweglinguptolfhy50pounds: Employee will perform strenuous physical ayrpaimghpiaismen Disclaimers This Job Description is intended to describe the general nature and level of work being performed by employees assigned to this job title. They are. not intended to be construed as an exhaustive list of all responsibilities, duties and skills required. This Job Dasabptonénatemempbomeantayremetoromtodt In compliance with the Americans with Disabilities Act, the City. of Flatonia will provide reasonable accommodations to qualified. individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. ACKNOWIEDGEMENT As evidenced by my signature below, Ihave read myj job description and havef fullyunderstood my duties andresponsibilities related to my employment with the City of Flatonia. lalso acknowledge that I am qualified to perform these duties dnd, with or without reasonable accommodation, can perform the essentialfunctions. of the position as described. Further, lunderstand thatif, at any time, lam unclear as to what my. job duties and responsibilities are, or what is expected of me, Iwill notify management immediately to interpret these duties and expectations. Employee Signature & Date Employee'sPrinted Name Supervisor Signature & Date SupervisorsPrinted Name CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA7.1.2022.5 Consider and take appropriate action on approving Joe Beards as a new Planning and Zoning committee member. Summary: Take appropriate action on approving Joe Beards as a new Planning and Zoning committee member. Option(s): Imove to make the motion to approve. Joe Beards as ai new Planning and Zoning - Ify you are opposed to not 2nd or make any motion. If a motion is not made, the committee member. item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA7.1.2022.6 Consider and take appropriate action nominating one additional person to the Planning and Zoning Committee. Summary: Committee. Take appropriate action on nominating one additional person to the Planning and Zoning Option(s): Imove to make the motion to nominate one additional person to the Planning and If you are opposed to not 2nd or make any motion. If a motion is not made, the Zoning Committee. itemi is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified.